1446 MANURES AND FERTILIZERS. [ART. 61

1004, art. 61, sec. S. 1890, ch. 387, sec. 8.

8. Any purchaser of fertilizer who shall be injured or defrauded
by the contents of the bag, barrel or other packages not conforming in
quantity or quality to the marks, labels or statements on or accompany-
ing the same may recover from the seller or sellers thereof in an action
of debt an amount equal to the purchase money of said fertilizer and
cost of suit, and in case the purchase is made of an agent of any person
or persons residing out of the limits of the State of Maryland, or com-
pany or corporation whose principal place of business is out of the
State, manufacturing, compounding, preparing and furnishing for sale
any such commercial fertilizer, the purchaser thereof may, at his or
her option, proceeed by attachment as now provided for by law in cases
of non-resident and absconding debtors against any property, rights
or credit of any person, persons, company or corporation selling, manu-
facturing, preparing, compounding or furnishing said fertilizer when
such property, rights or credits can be found within the limits of the
State of Maryland.

Ibid. sec. 9. 1890, ch. 387, sec. 9. 1894, ch. 397.

9. Any manufacturer, dealer, agent or other person or persons who
shall adulterate, add or take anything from any fertilizer sold or offered
for sale within this State, or who shall use the brand or trade-mark of
any manufacturer or dealer other than his own, shall be deemed guilty
of a misdemeanor and shall upon conviction thereof in any court
having jurisdiction, be punished by a fine not exceeding two hundred
dollars and imprisonment in jail not exceeding six months, or by fine
and imprisonment, in the discretion of the court before whom he shall
be tried.

Ibid. sec. 10. 1890, ch. 387, sec. 10.

10. This article shall not affect parties importing, manufacturing
or manipulating fertilizer for their own use if not sold or disposed of;
and it shall not apply to substances and materials sold in bulk to
manufacturers or manipulators of fertilizer, and nothing in this article
shall prevent the buyer and seller from making contracts in reference
to the price to be paid dependent upon the composition or quality of
the fertilizer contracted for; but no arrangement or agreement, verbal
or written, made by or between any seller and buyer of fertilizer in this
State for the purpose of exonerating the seller or manufacturer from
liability for any violation of any of the provisions of this article shall
"exempt any person from such liability.

Ibid. sec. 31. 1890. ch. 387, sec. 11. 1894 ch. 397.

11. It shall be the duty of all state's attorneys to prosecute all per-
sons accused of violating any of the provisions of this article.